You are on page 1of 6

PROFESSIONAL RESPONSIBILITY

Graduate of law school, Does not require US citizenship or state residence

Disciplinary Process
1. Reproval reprimand, censure
2. Suspension cant practice for finite period (name on letterhead still)
3. Disbarred cant practice ever again (name off letterhead)
Lawyers cannot:
o Violate RPC
o Commit criminal acts that reflect on honesty, fitness as lawyer
o Imply ability to influence govt agency
o Dishonest, fraudulent or deceitful activity, or conduct that prejudices justice
o Knowingly assist judge to do so
DUTY TO MAINTAIN INTEGRITY OF PROFESSION

Must
o
o
o

Must
o
o
o
Must
o
o
o

prevent unauthorized practice of law


Activities that require license: depositions, drafting legal documents, settlements
Activities that dont: filing paperwork, interviewing witnesses, completing forms
Temporary licenses: lawyers in good standing in other state, associates with a PA
lawyer on a case, cases involving pending litigation in another state, services to
lawyers ER
prevent unfit admission to bar
Yourself no lying on bar app
People you know -if are unfit, must state so. If fit, must write letter
That you dont know write NO letters
report violations, and testify
Rules not jurisdiction specific
No anonymous tips
Lawyer 7/24/265

Forming Attorney-Client Relationship


o Employment owe duty of competent representation. Must have necessary knowledge,
skill
o Exceptions to freedom to reject cases:
o Defenseless or oppressed SHOULD represent them
o Pro Bono SHOULD do your fair share
o Court Appointments MUST represent
Unless unreasonable financial burden
Situations you simply cannot get involved in
Specializations by Attorneys
o National: only patent and admiralty
o State: just advertising tool. Can say specialized in if get certified. Otherwise, can say
concentrate on
Solicitation
o Cannot make false or misleading communications about services - about fact or law
1

No in person, telephone, or e- communication directly or through an intermediary if no close


family or personal ties
No: handing out cards at hospital
Okay: referral services, prepaid services, educating laypeople, volunteering legal
advice
Exceptions when permitted
Relatives and close friends, overhearing people at cocktail party
Current clients with potential new needs
Former clients
Direct mail, unless
Lawyer knows person is in bad mental state, no good judgment
Person told lawyer no need for services
Communication involve duress, coercion, harassment

Rules for Publicity/Advertisement


o Lawyers can seek exposure (SuperLawyers)
o Can advertise if not misleading
o Harvard trained lawyer but didnt go to Harvard Law
o Unjustified expectations, always $1m settlements
o Unverifiable comparisons, best tax attorney
o Improper means, judge is tennis partner
o Firm names must be honest dead ok but had to be part of firm
o Radio, TV okay if limited to geographic area where you practice
Law Firms and Associations - Lawyers must control and run.
Dual Professions
o Cant solicit from one profession to another (if youre dr. and lawyer, for instance)
o Privilege from one doesnt carry over to other
o Can have side business but cant solicit from there
Legal Fees
o No excessive fees (inexperienced lawyer bases fees on others)
o Factors to set fees are based on common sense
o Contingent fees
o Not for criminal cases or domestic relations, except
Past due alimony or past due child support collectiosn issues
o Must be in writing
o Fired lawyer gets quantum meruit
o No fee splitting with out lawyers unless
o Client advised & doesnt object
o Total fee of lawyers not illegal or excessive
o Referral fees okay in PA
o No fee splitting with nonlawyers, except
o Payment to heirs of lawyers, purchase law practice (and other lawyer must retire),
pensions/bonuses to staff, to a nonprofit organization when you have your fee paid to
them instead
o No restrictions on practice no noncompetes for lawyers, except
o Part of retirement plan, or sell your practice and clause prevents seller from competing
o Retainer fees okay as an advancement of fees paid, or to ensure availability of attorney
2

LAWYER CLIENT RELATIONSHIP


Duties of Competence, Diligence, Communication
o Must provide competent representation, must act with reasonable diligence, must keep
client informed
o Informed consent requires client agree with course after knowing material risks and
alternatives
Duty of Confidentiality
o Must respect secrets from any source. Secrets are:
o Anything derogatory or embarrassing about client
o Duty is owed to client
o Broader than attorney-client privilege which is evidentiary
o Confidentiality of Information all info related to representation unless client gives informed
consent
o Can reveal only if reasonably believe necessary:
o To prevent death or bodily harm
o Prevent client from committing criminal act that will result in physical or financial harm
to another
Future crime. Whereas past crime is a secret
o Prevent, mitigate, rectify criminal or fraudulent act if lawyers services used
o Establish defense in legal malpractice
o Effectuate sale of law practice
o Secure legal advise about compliance
o Must reveal in candor to tribunal trumps confidentiality
o Continues after client-lawyer relationship
o Lobbyists must comply with laws
o If client has diminished capacity, must get guardian
Duty to Avoid Conflict of Interest
o Avoid conflicts with current clients concurrent conflict
o Concurrent conflict if representing one client adversely affects another
o Significant risk representing one or more clients will be materially limited by lawyers
responsibility to another client, a former client, third person, or personal interest of lawyer
o If concurrent exists, can represent if:
Lawyer reasonably believes able to provide competent, diligent representation to
each
Not prohibited by law
Doesnt involve claim by one client against another client of same lawyer
Each client gives informed consent
o Cant cause conflict between client and lawyers own personal interests:
o Cant lend money (only advance cost of litigation, but not medical bills)
o Acquire interest in litigation (except contingent fee and attorneys lien)
o Buy property at legal sale (of client)
o Acquire interests adverse to client (like hold clients mortgage)
o Business transactions with client, unless fair and reasonable and
Disclosed to client in writing
Recommend independent counsel
Informed consent of client in writing
o Cant acquire literary rights while litigation ongoing
3

o
o

o Cant prepare legal instrument for client if lawyer or relative is a beneficiary


o No sex with clients, unless already had sex before became client
Cant accept payment for representing client from another unless:
o Full disclosure & informed consent
o No interference with lawyers own judgment
o Confidentiality is protected
Gifts ok. Keys to car, excess and you must prepare paperwork by independent counsel
Avoid conflicts with former clients
o Cant represent people in same matter adverse to interest of former client unless
get informed consent
Cant use information related to former client against him unless
Client gives consent
Mitigate or prevent substantial physical or economic hard
To rectify the situation if client used lawyers services for fraud
Litigation with your client
Court order to disclose information
Lawyer seeking ethics advice
Or if the information is generally known

Imputed disqualification entire firm is disqualified if a lawyer is


o If new lawyer joins firm, firm cant knowingly represent someone in same or
substantially same matter in which new lawyer or his former firm had represented an
adverse person and about whom lawyer gained confidential information unless
New lawyer is screened from case, gets no part of fee
Former client is notified
Screen involves: Full disclosure, no fee sharing, No disclosure of confidential
information
o If lawyer leaves a firm, firm can represent people adverse to former lawyers clients
unless same or substantially similar matter and remaining lawyers have confidential
info
o Any conflict can be waived
o Avoid conflicts when Organization is a client
Lawyers represent organization which acts through agents communications
with agents privileged
If lawyer learns of act agent did or will do, contrary to client interests, must takes
steps, including:
Tell agent to reconsider
Advise separate legal opinion needed because you cant represent him
Refer matter to someone higher in organization
o If higher person doesnt act, lawyer can resign
Can represent organization and all EEs as long as no conflict
Consent or corporate lawyer to contact former EE is not required

Duty of Candor to Tribunal


o Cant knowingly:
o Make false statement of fact to tribunal
o Fail to correct false statement of fact
o Fail to disclose adverse legal authority if not disclosed by opposing counsel
4

Offer false evidence (Lawyer can refuse to offer evidence that he reasonably believes is
false)
In exparte proceeding, lawyers must reveal material facts known, even if adverse to your
client
Duties continue until the close of the proceedings (if appeals over & client admits he lied, can
do nothing)
o

o
o

Fiduciary Duty to Client


o Do not commingle money
o Need business account, separate trust account for client money
o Safeguard property
o Notify, account, and pay over promptly
Respective Authority of Attorney and Client
o Client important decisions: Sue, settle, testify, plea, jury/bench trial, appeal
o Attorney procedural and tactical decisions: court, depositions, discovery, continuance
o Exceptions: monetary issues - client controls purse strings so if he cant pay, it stops, or if
harmful to 3rd party
Termination Attorney-Client Relationship
o With court permission and return of client property
o Client can fire attorney for incompetence. Doesnt have to pay. For any other reason, must
pay
o Attorney shall withdraw if:
(1) representing would involve violating RPC
(2) lawyers ability to represent is impaired
(3) lawyer is fired
o Attorney may withdraw if:
(1) Client persists in using lawyers services for crime or fraud
(2) Client has used lawyers services for crime or fraud
(3) Clients conduct is repugnant to lawyer, or they had fundamental disagreement
(4) Client fails to cooperate
(5) Financial burden upon lawyer because client wont pay
(6) Other good cause
o Lawyer or firm may sell practice if
o Seller no longer engages in private practice in PA
o Practice is sold in its entirety
o Notice provided to sellers clients
LAWYERS DUTIES TO LEGAL SYSTEM
Zealous Representation Within the Bound of the Law
o Lawyer as advocate
o Inadvertent disclosure when you get info not meant to receive
o Supervisor liable to subordinate if he: knew and did nothing or told him to do it
o Subordinate is NOT responsible if (arguable) close call.
o Lawyer is adviser, 3rd party neutral, evaluator
Fairness to Opposing Party and Counsel
5

o
o

o
o

Parties cannot contact opposing party represented by counsel unless get permission
Witnesses
o No contingent fees for witnesses
o Can pay reasonable expenses and lost wages, travel
o Do not need permission of other side to talk to witnesses
Except corporate employees whose acts could be imputed to corporation
o Can advise not to testify if
Person related or an agent of a party
Persons interests would not be harmed
Courtroom conduct no personal opinions, ever
Trial publicity no statement to materially prejudice case

Fairness to Non-Clients
o Truthfulness
o Unrepresented
o In representation, cant use means with no purpose other than to embarrass, delay or
burden 3rd person
Fairness to Adversary
o No exparte communications with judge
o Cant unlawfully obstruct other partys access to evidence
o Cant falsify evidence or advise someone else to

You might also like